Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-14

THE PLUMDERs, EXAMINATION. /
Commissiouer Lndlew Maintains shas
10 In Legal and Necessary.
HIS ANswRn ruxD TODAY m TIE HANNAH MAN.
DAMUs sufr-QuKsTfoNs OF SANITARY SCIENCE
BROUGHT INTO coURr-fHK NEED or sUPKKvIsIoN
OF PLUNDEKs woKK, ETC.
Mr.. Riddle attorney for the District nled to-day
the answer in the suit brought by Mr.. Daniel
Hannah, the plumber, against Engineer Commits
sioner Ludlow. MI. Hannah sued for q mandamus
to compel the COMMISSIONER to issue him per-
init TO make an excavation, the permit having
been refused him because he had not registered
as q plumber under the new regulations The
matter was brought before the court In General
Term, which body decided that the new regula-
lions had not the authority Of law. ana writ Of
alternative mandamus was issued, TO which answer
was made to-day. The answer maintains that
M yne n new aar Rad aSs tss
1t is not in restraint Of trade nor an unwarranted
Interference with the calling OF the relator. The
respondent denies that Mr. Hannah has complied
with the regulations emitting him 10 the permit
and to the wit OF mandamuS The grounds upon
which the Commissioner says such mandamus
should not be issued In this case against hum are
Set forth at length.
THE sANrTRY POINT or VIEW.
at may be stated" the answer says, shat this
entire matter OF plumbing and Its regulation has
to do directly with the water, sewer and health
service Of the District: The introduction Of water
and the convey ancing OF the residue after usage,
is the work OF the plumber The first he receives
nvers into the public sewers He should deliver
II undiminished by waste for use. This usage may
Charge 1t with the elements-the germs-of the
deadlieSt diseases that af1ct human beings, and it
is his duty to convey 1t thus burdened safely TO the
sewers. This requires on his part not only high de-
gree skili but that must oe informed
tary science, as now accepted SO great have been
the evils In some cases resulting from the modern
tion OF diseases, that high authority has doubted
whether the evils do not often overbalance the
good The leakage OF water about the premises
on It's way to use, aside from loss saturates walls
foundations, the earth and soil, and becomes q
frequent source Of diseases; while imperfect pipes,
Drains Tnr and rasns conds permit the
escape within the walls OF dangerous and
noisome gases not only thus injecting every
side, injecting a whole block with commune able
diseases OF malignant type, which could De pre-,
vented only by high degree Of well-informed
tary engineering are the products practically OF
the last ten years; that the plumber OF ten years
his craft in this respect BY reading and study, is
unequal to the needs OF populous city OF to-day;
that true 1t is, the District has an inspector OF
construction, can and does much to secure the use
OF improved means and appliances, yet he cannot
supply the nee06d skill OF the pumOer tnere, Wnlle
pairs, where nearly everything Is hidden, and
which are made In the inspectors absence and
without his knowledge and where the skill as well
as the honesty OF the plumber mas TO De trusted"
THE INTENTION OF CONGRESS.
Referring to said act Of January 20, 1881, the an
swer says shat It was the intention OF Congress
10 thereby secure the best attainable system OF
plumbing which the present or any future advance
In sanitary engineering might require and he fur
Their submits that this purpose would be entirely
defeated II the carrying out OF the details OF
welladJusted system OF regulations must De LETT 70
ignorant and unskillful hands, educated only by
the application OF the penalty OF the act Tor de-
reflections. He also submits that 10 secure a serv-
1ceable execution OF said regulationS-to enforce
them within the meaning OF the law-it Is neceS-
sary TO require satisfactory evidence in advance
OF the competency Of plumbers 70 carry said regu.
lations into effect. He is advised by counsel and
believes that the grant OF power TO make and en-
force said regulations necessarily conferred tne
power by conclusive implication to ascertain, by
examination under prescribed rules, the Qualinca-
lions or plumbers and TO intrust or refuse TO en-
trust Their with The execution OF said regulations.
mine. In this way alone can the regulations be
enforced within the meaning OF the act.
STREET ExCAvATIONs
The respondent says that II 1t shall be held that
property-owner has, under the Constitution OF
the United States, the right to employ any man
no matter how unskilled or ignorant to introduce
water into his premises, that this right does not
extend TO the Streets avenues and alleys water
mains and sewers that are placed under the official
control and guard anShip OF the Commissioners
The answer makes the point also that Mr.. Hannah
gave bond under the Odd regulations to comply
bond he is estopped from refusing compliance with
the amendment In question.
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